The Bombay High Court has recommended the Brihanmumbai Municipal Corporation (BMC) to consider adopting a stricter approach to discourage festival organizers from neglecting conditions while obtaining permissions for pandals during festivals. This recommendation is especially relevant for events like the upcoming Ganesh Chaturthi celebrations.
A division bench consisting of Chief Justice DK Upadhyaya and Justice Arif Doctor noted that festivals and the construction of pandals can result in road damage, causing inconvenience to pedestrians. The Court suggested that a policy decision could effectively address this concern.
The Court stated, “Those seeking permission to erect pandals during festivals and ceremonies are expected to restore the roads to their original condition. However, some of them violate these conditions, leading to road damage that needlessly inconveniences pedestrians and other road users. In light of this, we believe that a decision, possibly a policy decision, should be made by a competent authority of the Municipal Corporation in response to the petitioner’s request.”
The bench was hearing a public interest litigation (PIL) filed by the NGO Prameya Foundation. The PIL urged for stringent action against those who breach the conditions imposed by the BMC and cause damage to roads.
Representing the BMC, Advocate Purnima Kantharia elucidated the corporation’s policy in such cases. She informed the Court that any amount deposited by an organizer would be forfeited in case of a violation of conditions.
However, the NGO argued that this policy was inadequate and lacked effectiveness as a deterrent. The NGO claimed that numerous organizers, including those responsible for pandals at Lalbaug, Mumbai, consistently violated conditions during the annual Ganesh Utsav festival.
The NGO also informed the Court that applications for registering pandals had already commenced since August. It asserted that pandal organizers should be restricted from participating in future events if they breach any conditions during the upcoming festival season this year.
The Court disposed of the plea with a directive to the BMC to consider the petition as a representation. Additionally, the Court recommended that the BMC contemplate segregating organizers who had violated conditions and failed to repair roads in 2022.
